Victorian Consolidated Legislation

Country Fire Authority Act 1958 - SECT 39B

Defences

39B. Defences

It shall be a defence to any proceedings for an offence against section 39A if
the defendant proves-

   (a)  that the danger was caused by the intervention or subsequent action of
        any person or persons acting without his knowledge or consent or
        contrary to his wishes or instructions; or

   (b)  that the fire was lit at a time when the circumstances of atmospheric
        temperature and wind velocity referred to in the said section were not
        present and could not reasonably have been foreseen; or

   (c)  that he is or was at the time of the alleged offence the owner or
        occupier of the land upon which the fire was lit or was acting under
        the direction of that owner or occupier-

and in any case that he took all precautions required by this or any other Act
and the regulations thereunder with respect to the lighting of the fire and
did everything in his power that was reasonable in the circumstances to
suppress or extinguish the fire.